04-16-1996 Regular MeetingMIAMI SHORES VILLAGE
COUNCIL MEETING
APRIL 16, 1996
The regularly scheduled Village Council Meeting was held on Tuesday, April 16, 1996 at the
Village Hall, commencing at 7:15 P.M. with the following members present:
PRESENT:
Mayor Imburgia
Cesar Sastre
Michael Boyle
William Heffernan
Mary Ross Agosta
ALSO PRESENT: Michael R. Couz7o, Jr.
Barbara Fugazzi
Mark Ulmer
PRESENTATION:
The Village Clerk indicated that the Mayor had signed a Proclamation declaring April, 1996 as
Fair Housing Month.
CONSIDERATIONS:
ITEM #1 CONSENT AGENDA
A. MINUTES
Mr. Heffernan asked that the following statement be added to the 3/19/96 Council Meeting
Minutes:
Page 2, Paragraph 1 Mr. Heffernan stated that in his opinion, most homeowners feel that the
assessed values of their homes are fair and that most would not sell their
house for the assessed value. Mr. Heffernan felt that fairness was not an
appropriate characterization of the issue.
Mr. Heffernan moved approval of the Consent Agenda as amended. Mr. Sastre seconded the
motion and the vote was unanimous in favor.
ITEM #2 PLANNING & ZONING Frank LuBien
As Mr. LuBien was not yet present, this item was postponed to later in the Meeting.
Mr. Couzzo asked the Council's consideration in adding an item to the Agenda on an emergency
basis, to take the place of Item #4 which has, at the petitioner's request, been tabled to a future
meeting. The proposed new item is regarding financing of the new police department facilities.
Mr. Boyle asked if the Manager felt it was an item which had to be included on tonight's agenda.
Mr. Couzzo responded that he had new information regarding financing which he wished to
share with the Council. Mr. Heffernan moved to replace the original Agenda Item #4 with a new
Item #4, DISCUSSION REGARDING FINANCING OPTIONS OF THE POLICE
DEPARTMENT FACILITIES. Mr. Sastre seconded the motion and the vote was unanimous in
favor.
ITEM #3 VILLAGE COUNCIL Mayor Louis Imburgia
A. A RESOLUTION BY THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, FLORIDA, EXPRESSING OPPOSITION TO ANY PROPOSED
LEGISLATION THAT WILL HAVE AN ADVERSE IMPACT ON THE
DELIVERY AND FUNDING OF HEALTH AND HUMAN SERVICES
AVAILABLE TO DADE COUNTY RESIDENTS.
Mr. Couzzo introduced Mrs. Wansley Walters, Chairperson of the local District's Board of
Directors for Health & Rehabilitation Services (HRS). Mr. Heffernan asked that Mrs. Walters
explain the current concerns of HRS are for the benefit of those in attendance who may be
unaware of proposed changes. Mrs. Walters explained that the State Legislature has proposed
cutting funds to social services and reorganizing HRS. The proposed Legislation would
reorganize the current 15 Districts, resulting in 9 Regions. This reorganization would severely
limit local input, as the Directors of the Regions would report directly to Tallahassee, rather than
to District Boards. Mr. Sastre asked why the Legislature is proposing the change, as he indicated
that he is uncomfortable opposing or supporting any legislation that he had not had the
opportunity to review and research. Mrs. Walters indicated that there are a number of
personal/political reasons for the proposed changes which would result in decreasing local input.
Mr. Heffernan stated that the office in Dade County would be eliminated, reducing the power
that Dade County has in steering programming and fund allocations. Mrs. Walters briefly
explained the current and proposed organizational structure of HRS and how the proposed
structure would impact us locally. Mr. Boyle asked for clarification regarding the relationship
between the HRS Board and HRS. Mrs. Walters stated that the Board is an oversight Board,
providing strategic planning and needs assessments services as an example. Mr. Boyle pointed
out that with the recent problems surrounding the Community Residential Homes, local input
and open communication is imperative. Mr. Heffernan moved to adopt the Resolution as
presented. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor.
Page 2
ITEM #2 BUILDING & ZONING Frank LuBien
A. DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST FOR
APPROVAL OF DIVISION OF LAND WITHOUT PLAT.
David & Karen Averill/Norman & Sara Seidler
10125 Biscayne Blvd/1150 N.E. 102 St.
Mr. LuBien explained the request, indicating that Mr. & Mrs. Averill own a vacant parcel of land
between their home and the Seidler's home. The homeowners would like to expand their
properties so they are dividing the vacant lot. Mr. Heffernan asked Mr. Ulmer if there was any
reason not to grant the request. Mr. Ulmer indicated that this avenue is the correct procedure to
follow. The applicants are taking a buildable lot and splitting it, becoming an unbuildable lot.
Mr. Heffernan moved approval of division of land without plat. Mr. Sastre seconded the motion
and the vote was unanimous in favor.
Mr. Ulmer indicated that the Council should vote on the formal Resolution, which had not been
included in the Council packet. The homeowner will need to forward the Resolution to Dade
County for their approval. The Clerk read the caption of the Resolution. Mr. Heffernan moved
to adopt the Resolution. Mrs. Ross Agosta seconded the motion and the vote was unanimous in
favor.
B. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF
CAMPUS MASTER PLAN FOR PERIMETER SECURITY, LIGHTING,
IMPROVEMENTS, REDISTRIBUTION OF PARKING, SIDEWALKS, AND
REDESIGN OF NORTH MIAMI AVENUE CORRIDOR.
Barry University 11300 N.E. 2nd Avenue
Mr. LuBien introduced Mr. Tim Czerniac, Barry University. Mr. Czerniac introduced both Mr.
Randall Atlas, Atlas Security, and Tom Laubenthal, Landscape Architect. Mr. Atlas outlined the
proposed changes to the campus which would result in improved security and controlled parking.
Mr. Atlas stated that the proposed changes would add to the value of the area. Mr. Laubenthal
spoke about the improved lighting, parking, and decorative fences. Mr. Heffernan asked about
the increased number of parking spaces and if the design changes would prohibit people from
parking in the swale areas of 111th and 115th Streets. Mr. Atlas advised that there are 400 new
parking spaces in the proposed plan and the installation of sidewalks and new perimeter fences
would not allow for parking on the swale areas. Mr. Heffernan asked Mr. Ulmer whether the
Council's authority is a requirement or a courtesy. Mr. Ulmer stated that his interpretation of the
Code is that the Planning & Zoning Board's approval was required and that the Council is
reviewing for informational purposes. Mr. Heffernan stated that once again, the need for
professional planners is evident. No one on the Council, other than Mayor Imburgia, has
expertise regarding drainage, landscaping plans, etc. Mr. Boyle asked about the parking survey
and if the new parking areas allowed for future growth. Mr. Atlas stated there was room for
increased attendance. Further discussion regarding parking spaces ensued.
Page 3
Mr. Atlas outlined the proposal for N. Miami Avenue, stating that they will be going before the
County with their plans. Mr. Heffernan indicated that it is his belief that the alternate plans will
go a long way in stopping the County's plans to have N. Miami Avenue widened to five lanes.
Mr. Boyle asked who had the ultimate approval on N. Miami Avenue. Mr. Laubenthal
responded that Dade County has the authority and stated that the County is aware that there is
opposition to the expansion.
Mr. Heffernan stated that he believes the Planning & Zoning Board was very careful, holding
two meetings on the item, as was Barry University. Planning & Zoning approved the plans with
conditions, i.e. the height of the fencing and the lighting installations. Mr. Heffernan expressed
that the Council's approval should be as approved by the Planning & Zoning Board. Mr.
Laubenthal stated that the permitting process is overseen by the Planning & Zoning Board if Mr.
LuBien has any doubts regarding the process. Mr. Laubenthal asked for the Council's blessing
on the overall concept. Mr. Ulmer outlined the Planning & Zoning Board's conditional approval
of the submitted plans. Mrs. Ross Agosta asked who was responsible for the construction of N.
Miami Avenue. Mr. Atlas stated the County would be handling the construction project. Mrs.
Ross Agosta asked for clarification regarding the purpose of the Council's approval as it relates
to the County.
Mr. Heffernan requested, and Mayor Imburgia granted, a brief recess at 8:20 P.M.
Mayor Imburgia reconvened the meeting at 8:37 P.M.
Mayor Imburgia stated that he may have a conflict of interest on the matter. He stated he would
not take part in the discussions and would abstain from voting. He passed the gavel to Vice
Mayor Sastre.
Mr. Heffernan moved to approve the findings of the Planning & Zoning Board at their meeting
of March 28, 1996 regarding campus master plan for Barry University. Mrs. Ross Agosta
seconded the motion. Mr. Boyle asked that Barry University keep the Village Manager advised
of projects and dealings with Dade County. The vote was unanimous in favor, with Mayor
Imburgia abstaining.
Vice Mayor Sastre passed the gavel back to Mayor Imburgia.
Page 4
ITEM #4 (EMERGENCY ITEM REPLACING ORIGINAL ITEM #4)
A. DISCUSSION REGARDING FINANCING OPTIONS OF THE POLICE
DEPARTMENT FACILITIES.
Mr. Cou77o briefly outlined the issues which have arisen regarding financing the renovations as
per the Council's decision of February 6, 1996. He stated that as the bond documents are
written, it may not be economically feasible to abide by the original decision of the Council. Mr.
Ulmer and Mrs. Varney explained some of the problems, i.e. pool liabilities, indemnifications,
etc. Mr. Couz7o asked the Council for flexibility regarding financing the project. He stated that
he would come back before the Council for approval of a recommendation. Discussion regarding
pros and cons of possible options ensued. It was the consensus of the Council to allow Mr.
Couz7o to investigate other financing packages.
ITEM #5 PUBLIC WORKS Tom Benton
A. REQUEST TO AWARE BID FOR A 1996 DIESEL POWERED CHIPPER
DUMP TRUCK TO RECHTIEN/RAYSIDE IN THE AMOUNT OF $41,879.00.
Mr. Benton explained the requested purchase. Mr. Boyle moved to award the bid for a 1996
diesel powered chipper dump truck to Rechtien/Rayside in the amount of $41,879.00. Mrs. Ross
Agosta seconded the motion and the vote was unanimous in favor.
ITEM #6 VILLAGE CLERK Barbara Fugaz7i
A. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING
SECTION 14-32 OF THE CODE OF ORDINANCES OF MIAMI SHORES
VILLAGE, FLORIDA; PERTAINING TO THE ISSUANCE OF
OCCUPATIONAL LICENSES; PROVIDING FOR EFFECTIVE DATE.
First Reading
The Clerk read the caption of the Ordinance. Mr. Boyle moved approval of the Ordinance on the
first reading. Mr. Heffernan seconded the motion and the vote was unanimous in favor.
B. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING
THE PORTION OF SECTION 7-2 OF THE CODE OF ORDINANCES OF
MIAMI SHORES VILLAGE, FLORIDA; PERTAINING TO THE NUMBER OF
PERSONS APPOINTED BY THE VILLAGE COUNCIL TO THE ELECTION
BOARD, PROVIDING FOR AN EFFECTIVE DATE.
First Reading
The Clerk read the caption of the Ordinance. Mr. Sastre moved approval of the Ordinance on the
first reading. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor.
Page 5
C. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, PROVIDING
FOR ADDITION OF SECTION 17.2.1 CHARGING A FEE FOR PEDDLERS
AND SOLICITORS PERMITS, AND AMENDING SECTION 17-4 (a)(b)(c) OF
THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA,
PERTAINING TO THE INVESTIGATION OF PEDDLER/SOLICITOR
PERMITS, PROVIDING FOR AN EFFECTIVE DATE.
First Reading
The Clerk read the caption of the Ordinance. Mrs. Ross Agosta moved approval of the
Ordinance on the first reading. Mr. Boyle seconded the motion and the vote was unanimous in
favor.
ITEM #7 ANNOUNCEMENTS
The Clerk read the announcements.
ITEM #8 PUBLIC COMMENTS
Julie Pettigrew Ms. Pettigrew spoke about the Shores Performing Arts Theater.
Donna Baxter Mrs. Baxter spoke of the Theater project.
Michael Maguire Mr. Maguire spoke about recent Council Meetings and the Taste of
The Shores.
ITEM #9 COUNCIL COMMENTS
Mary Ross Agosta Mrs. Ross Agosta spoke about National Library Week and also urged
people to register to vote.
Cesar Sastre Mr. Sastre thanked the City of Opa-Locka for their help with the Theater
production.
Bill Heffernan Mr. Heffernan compliments Mildred Ramos regarding the Village
Newsletter.
Michael Boyle Mr. Boyle spoke about the Baptist's Church Easter presentation, the Living
Cross.
Mayor Imburgia Mayor Imburgia spoke of his recent trip to Tallahassee and urged
everyone to "eat at Mike's".
Village Manager, Michael Couz7o, added comments regarding the Florida Panthers hockey team.
Page 6
ITEM #10 ADJOURNMENT
The April 16, 1996 Council Meeting was adjourned at 9:20 P.M.
Barbara A. Fugazzi, Vill�ge�Terk
Louis S. Imb gia, Jr., May
Page 7
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
_PST NAME—FIRST NAME—MIDDLE NAME
1tc bvrgta , s 312.
SAILING ADDRESS
namt Sues, FL CO e
TIATE ON WHICH VOTE OCCURRED
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NAME OF(RBBOAD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
THE BOARD, COUNCIL,
COMMISSICooON, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS AUNIT OF:
XcITT
0 COUNTY 0 OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION
Mt � 5 res 0 1Ick
MY POSITION IS:
ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 8B
Ms form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
zaaincil, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented
ith a voting conflict of interest under Section 112.3143, Florida Statutes.
bur responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly
spending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on
foes form before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
leach inures to his or her special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a
e�oasure which inures to the special gain of a principal (other than a government agency) by whom he or she is retained (including
axe parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain of a relative;
to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec163.356 or
`x.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in
haat capacity.
T or purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother -
11,1 -law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corpo-
ration are not listed on any national or regional stock exchange).
4L,ECTED OFFICERS:
fra addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
THIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
minutes of the meeting, who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
uu must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and
whether made by you or at your direction.
I YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VOTE WILL BE TAKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
. A cony of the form must be provided immediately to the other members of the agency.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the
minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the
other members of the agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
t. X15 C3 Dvthu (c( - , hereby disclose that on 41 Uto
(a) A measure came or will come before my agency which (check one)
inured to my special private gain;
inured to the special gain of my business associate,
- inured to the special gain of my relative, '_^
- inured to the special gain of - w byr' i Gt 061(156 u C dint, a SG, -L C, , by
whom I am retained; or
inured to the special gain of
, which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
•
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 813 - REV. 1/94
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